Smoke rises as police tape surrounds Abine Forest Products mill in Burns Lake, B.C. Saturday, Jan. 21, 2012. Nearly eight months after a deadly explosion and fire ripped through a sawmill in Burns Lake, B.C., the community will learn if its largest employer will be rebuilt.Jonathan Hayward
/ CP

Remains of the Babine Forest Products mill in Burns Lake where two workers were killed and dozens injured in a fire and explosion that are being investigated as possibly dust-related.Dave Milne
/ PNG

Bob Clark, the top forester in charge of managing British Columbia’s mountain pine beetle infestation, has been recruited by the province to lead response efforts at Burns Lake after a sawmill explosion that killed two workers.Dave Milne
/ Specail to The Sun

Remains of the Babine Forest Products mill smoulder Sunday after the mill was destroyed by an explosion and fire Friday.Rob Woods
/ Specail to The Sun

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WorkSafeBC will refer its findings of workplace violations in two deadly sawmill explosions to Crown counsel for possible charges, opening up the possibility of fines or jail time.

If the Crown decides to go forward with charges, they would fall under workplace safety regulations, not criminal law.

It’s rare for jail time to be handed out for workplace accidents. The last time a WorkSafeBC investigation resulted in charges was in connection to the 2008 Langley mushroom farm incident that killed three workers and left two men with irreparable brain damage.

A Provincial Court judge imposed a fine of $350,000 on two companies and three individuals.

The province’s chief workplace safety agency made the unusual move to refer the cases to the Crown following the completion of its two separate investigation because of the seriousness of the two incidents earlier this year, said Roberta Ellis, senior vice-president of WorkSafeBC.

“I’ll just remind everybody four workers lost their lives, 42 workers were injured, some of them extremely seriously,” Ellis said Thursday. “These are serious consequences.”

Explosions and fires on Jan. 19 at Babine Forest Products in Burns Lake and Lakeland Mills in Prince George on April 23 each killed two workers.

WorkSafeBC doesn’t expect to present its case to Crown until early next year because more preparation is needed.

It will not release the findings of its two investigations now that the case has been referred to the Crown, but confirmed wood dust was the fuel source of the two explosions.

Portland, Ore.-based Hampton Affiliates is the majority owner of Babine, and the Prince George-based Sinclar Group is the majority owner of Lakeland. Executives of both companies declined requests for interviews but issued company statements.

Sinclar Group president Greg Stewart said the company was surprised and disappointed with WorkSafeBC’s intention to pursue charges, and disappointed the findings of the investigation are being “withheld.”

Hampton CEO Steve Zika said the company was also surprised by the referral to the Crown and disappointed it will not be able to see WorkSafeBC’s findings “so that we can fully understand what happened that tragic night.”

Under court convictions, fines under the Workers’ Compensation Act can reach a high of $652,000 for a first conviction, higher than for WorkSafeBC administrative penalties ($500,000).

Unlike for WorkSafeBC administrative penalties, individuals convicted in court can also face fines and jail time up to six months.

Two 45-day jail sentences were handed out in connection with one case, but WorkSafeBC could not immediately provide details.

The Crown has proceeded with charges 31 times since 1996 and secured 24 convictions. In comparison, WorkSafeBC levied about 250 administrative penalties for Workers’ Compensation Act violations alone in 2011.

United Steelworker Western Canada director Steve Hunt welcomed WorkSafeBC’s move to refer the case to the Crown, but said he’s disappointed the case is not facing a criminal investigation.

In 2004, the federal government made changes to the Criminal Code through Bill C-45 allowing courts to impose criminal liability on companies and their managers. The move came in response to the 1992 Westray mine disaster that killed 26 workers in Nova Scotia.

Although WorkSafeBC would not say what Workers’ Compensation Act violations the companies faced, Ellis said they can generally include an employer’s duty to maintain a safe and healthy workplace. Supervision, training and regular inspections can be issues, she added.

WorkSafeBC investigations director Jeff Dolan noted the safety agency has issued several warnings to the forest sector on its findings during the investigation.

Those include a warning about bearings that can overheat, and electrical and mechanical ignition sources on conveyors. As well, companies were warned the risk of dust explosions increases during winter, when the humidity is lower, Dolan said.

Frank Everitt, who heads up United Steelworkers local 1-424 which represents workers at both destroyed mills, said he’s concerned they still don’t have answers as to exactly what happened because WorkSafeBC is not releasing their investigation reports.

He said workers are still “genuinely” concerned for their safety, and some are still suffering physical and emotional effects from the catastrophic explosions.

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